DA: We Won’t Prosecute Cases Under SAFE Act’s “Seven-Bullet” Rule

MAYVILLE – Chautauqua County District Attorney Patrick Swanson said he has no intention of prosecuting cases that fall under the “seven-bullet” provision of the SAFE Act.

The provision makes it illegal to knowingly possess an “ammunition-feeding device” that is loaded with more than seven rounds.

Swanson told WNYNewsNow Friday afternoon that he won’t prosecute cases that he won’t prosecute any case that falls under an act ruled unconstitutional.

“We have no interest in prosecuting statues that have been ruled unconstitutional,” Swanson said.

In a released statement to the media Friday afternoon, Swanson said his statement came after several residents called him to seek what his position is on the “seven-bullet” provision.

“I have recently been contacted by various residents of Chautauqua County regarding my office’s position on the seven-round limitation imposed by the SAFE act. All of those constituents have indicated that they have recently seen announcements of other District Attorneys indication that they will no longer prosecute under the seven-round section of the SAFE Act. “

“I want to be clear that my office has not prosecuted under that section since I have had the role of District Attorney. In 2013, a Federal Court in the Western District of New York indicated that that provision was unconstitutional. The decision was appealed, and in 2015 the 2nd Circuit Court of Appeals upheld that decision. Since becoming the Acting District Attorney in 2016, I have not prosecuted under the section deemed unconstitutional.”

“I am not aware of any cases that fall under the “seven-bullet’ section being charged or prosecuted in Chautauqua County during my time as District Attorney. While that section of the SAFE Act is still technically on the books, I have no plans to enforce it given the Federal Court’s declaration that it is unconstitutional.”

Swanson’s statement comes after Erie County District Attorney John Flynn and Niagara County District Attorney John Flynn and Niagara County District Attorney Caroline Wojtasek.